Filing 46

ORDER granting 32 Motion for Summary Judgment as to Count X and declining to exercise jurisdiction over Counts I-IX; denying 36 Motion for Summary Judgment. The Clerk shall mark the docket closed. Signed by Judge Arthur J. Schwab on 1-22-10. (nam)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA BRIAN L. ANGNEY and GINA GIAMPIETRO-ANGNEY , Plaintiffs, v. ANTONIO C. DIMARCO an individual, a/k/a SAMUEL RICHARD SEKEL, II, ET AL., Defendants. ORDER OF COURT For the reasons set forth in the accompanying Memorandum Opinion, it is HEREBY ORDERED as follows: (1) Defendants' Motion for Summary Judgment (Doc. No. 32) is GRANTED as to Count X. Count X is dismissed with prejudice. The Court declines to exercise jurisdiction over state law claims (Counts I - IX). Pursuant to 42 Pa. C.S.A. 5103(b), Plaintiffs may pursue their claims in state court. (2) Plaintiffs' Motion for Summary Judgment Re the Issue of Jurisdiction (Doc. No. 36) is DENIED. (3) The Clerk shall mark the docket closed. 09cv0192 ELECTRONICALLY FILED SO ORDERED this 22nd Day of January, 2010 s/ Arthur J. Schwab Arthur J. Schwab United States District Judge cc: All Registered ECF Counsel and Parties

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